CLA-2-39:S:N:N3D:221 852379

Mr. Adolfo Portades, Jr.
KEL International
1838 El Camino Real #111
Burlingame, CA 94010

RE: The tariff classification of polyethylene flower bottles from the Netherlands.

Dear Mr. Portades:

In your letter dated May 8, 1990, on behalf of Mt. Eden International, you requested a tariff classification ruling. The sample submitted with your letter is a tubular shaped container with a tapered end, made from polyethylene plastics material, measuring approximately 4 1/4 inches in length. The container comes with a cap which has a hole in the middle. It is designed to provide a water supply to prolong the life of cut flowers. The tubular container is filled with water, the cap is placed on top and the stem of a flower is fitted into the hole in the cap. The flower, attached to its water supply, is then placed into a flower arrangement.

The applicable subheading for the flower water bottle will be 3926.90.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics, other. The rate of duty will be 5.3 percent ad valorem.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport